Can I be given notice to vacate on 30 days noticeif I am a month-to month-tenant?

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Can I be given notice to vacate on 30 days noticeif I am a month-to month-tenant?

I have been living in a 3-bedroom apartment for 1 1/2 years. For the first year I had a lease with the person renting me the room. Now for the past 6 months I’ve have had no lease but I have been paying my rent. On 04/08 I paid my rent but was short $70. So I told my landlady that I would give it to her tomorrow. The “landlady” then gave me a green piece of paper stating that I must vacate within 30 days because she has immediate family moving to the country and she needs the room. Do I have any rights? Or do I really have to move out in 30 days?

Asked on April 14, 2011 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In NYC, a landlord must serve a month-to-month tenant with a written termination giving 30 days notice; it must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings.  The 30 day requirment works as follows: If, for example, the rent is due on the first of each month, the landlord must serve notice by 08/01 that they want the tenant to move out by 08/31. 

A month-to-month tenancy outside NYC may be terminated by either party by giving at least 1 month's oral or written notice.  So, for example, if the rent is due on the first of each month, the landlord must inform the tenant by 07/31 that they want the tenant to move out by 08/31. 

Note:  This notice does not automatically allow the landlord to evict the tenant; the landlord must still begin eviction proceedings in court if the tenant fails to vacate by the applicable date. 


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